Triloki Nath vs State Of Up And 10 Others
2024 Latest Caselaw 38533 ALL

Allahabad High Court

Triloki Nath vs State Of Up And 10 Others on 22 November, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182625
 
Court No. - 49
 

 
Case :- WRIT - B No. - 3846 of 2024
 

 
Petitioner :- Triloki Nath
 
Respondent :- State Of Up And 10 Others
 
Counsel for Petitioner :- Aishwarya Pratap Singh,Harshit Pandey,Rahul Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

The impugned order is as follows :-

"???????? ??????? ???? ??????? ???? 331 (4) ????? ?????? ???????? ????? ??? ???? ???????? ??????? ???????? ??? ?????? (???????) ????? ??????? ?????, ??????? ?????? ??? ?????? 246/2023 ??????????? ??? ???? ???????? ??? ??? ????? ???? ?????? 30.05.2023 ??? ???????????? ????????? ?????? ????? ???? ?????? 28.06.2004 ?? ??????? 21.09.2023 ?? ?????? ?? ????? ?? ??? ???

2. ???????? ??????? ???? ?? ????????? ?? ?????? ?? ????????? ?? ??????? ???????? ?? ???? ????

3. ???????? ?????? ????????? ?? ??????? ???????? ?? ?? ???????? ?????? ?? ????? ???? ??? ??? ??? ?????????? ?????? ????? ?????? ?????? 28.06.2004 ??? 30.05.2023 ?? ??????????? ??????? ???? ???, ????? ?????? ???? ?? ?? ????????? ?????? ??? ??????(???????) ????? ??????? ?????, ??????? ?????? ????? ???????? ???? ?????? 30.05.2023 ?? ??????? ??????? ???? ?? ???????? ??? ???? ?? ???? ?? ?????? ?? ????? ? ?? ??? ??? ???????? ????? ?? ????? ???? ?? ?? ???????? ??????? ???? ?? ????? ???? ???? ??? ??? ?????? ?? ?????? ???? ???? ???? ????-5 ????? ??????? ?? ????????? ???? ??????? ?? ??? ???????? ???? ???? ??? ??? ??? ????? ??????? ???? ????? ??????????? ?? ?????? ???????? ???? ?? ???? ?????? ???? ??????? ???? ???? ????? ???? ???? ???? ???

??????? ??????? ?? ???? ??? ???????? ??????? ???? ????????? ???? ??? ?????? ?? ???? ??? ??? ?????? ????????? ???????? ????? ????? ???"

Sri Rahul Kumar Pandey, learned counsel for petitioner, a young Advocate, though initially he was hesitating to open the case, however, on encouragement he refers judgments passed by Supreme Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others, (2013) 12 SCC 649 and Pathapati Subba Reddy (Died) By L.Rs. and Others Vs. Special Deputy Collector (LA), 2024 SCC OnLine SC 513, that a short delay of 24 days in filing of Second Appeal ought to have been condoned taking a liberal view, however, only on a technical ground that no affidavit was filed along with application for condonation of delay. dismissal of Second Appeal would be against the interest of justice.

I appreciate above referred submissions and find substance also, therefore, not only the order dated 07.02.2024 is set aside but also very short delay of 24 days since impugned order is dated 30.05.2023 and whereas Second Appeal was filed on 21.09.2023 (limitation period is of 90 days) and that in impugned order it has been wrongly mentioned that Second Appeal was filed after a delay of one year, therefore, the actual delay is of about 24 days, which is hereby condoned and matter is remitted back to Second Appellate Court to decide it on merit.

Accordingly writ petition is disposed of with aforesaid observation.

Order Date :- 22.11.2024

P. Pandey